understand that. it's doing very well thanks to a lead-in from someone we know. i'm killing time here and getting in trouble. i'm bill o'reilly. here. we are definitely looking out for you. >> i'm megyn kelly and this is "the kelly file." breaking tonight, my voice. along with the president's new effort to save his health care law. pl plus, what's the new push to defend the president from this now infamous broken promise. >> if you like your doctor, you can keep your doctor. you can keep your plan. >> and breaking developments in the rape case against a star quarterback heisman trophy contender. >> unfortunately sometimes one-night stands happen. >> and this marine may have saved a half dozen lives when he fell on a grenade. why doesn't the military want to give him a medal?

we'll try to get through the hour together. bear with me. this is getting uglier by the moment. there is a lot of news. we'll get you through it. just breaking, the president making new comments on the problems for the health care law including whether anyone will be held accountable for failures thus far. first there is new reaction to the death of former south african president nelson mandela. he died peacefully at 95. over the last few hours everyone from the pope to our living presidents have reacted. he was born the son of a tribal chief later rising through the ranks of the anti-apartheid movement dedicated to ending the system of white racist rule in south africa. he was arrested and stood trial multiple times before being sentenced to the life in prison in 1964 plotting to overthrow the government. he became a global boll of resistance and was freed in 1990. listen. >> i stand here before you not

as a prophet but as a humble servant. >> when nelson mandela left that prison, fox news political analyst juan williams was in south africa and spent days at the mandela home. juan, great to see you. what an extraordinary experience it must have been for you. your thoughts on his passing? >> he's one of the greats of the 20th century, megyn. i don't think there is a question when people think about figures that transcend freedom's struggle and inspire people no matter their race, religion. nelson mandela's name will be among them. i was just awed by this guy but in person he was more curious

about the united states, the civil rights movement in this country than he was interested in talking about himself. again, that's evidence of what a curious mind is, what an open-minded person nelson mandela was. >> he got out of prison in 1990, well after the civil rights movement had undertaken in earnest in this country. he was fascinated by it. do you think he learned from it? >> he certainly did. one of the things that strikes me as you ask the question is that he was asking me about not only the civil rights movement. remember, there is a big difference in south africa the majority is black. in the united states the majority is white. mandela was fascinated with the idea that here in the united states black people were able to have a civil rights move lt and a nonviolent civil rights movement and achieve rights for themselves under the constitution. he was taken with the founding fathers. he knew about it. in south africa you have a majority black population, no

constitution, no rights. he was curious how did that black american minority manage to get rights and freedoms? that's what strikes me. remember, he was a trained lawyer. he has an appreciation for the founding fathers. he had an appreciation at the time i was talking to him for people like thurgood marshall. how does a black person end up on the supreme court? he was curious about reagan who sent a black ambassador to south africa, edward perkins. he knew ro nald reagan fought with congress over the use of constructive engagement to put pressure on the south african government. he knew teddy kennedy would be a supporter of ending sanctions of overriding anything reagan did. he was surprised that bob dole, a republican white senator from kansas, was a huge supporter of

the anti-apartheid movement and curious that edward perkins, reagan's man in south africa, shows up and is pushing the south african government for his freedom. he's curious about how does american politics work? you guys are doing things that are curious to me, is the way he would put it. >> one of your memories of him is his capacity to give. you wrote it would have been so easy to hate. >> there is no question. let me tell you something. he's a guy that made friends of the white prison guards. when he got out he was greeting people left and right. black and white. colored. everybody. he stopped in the home, in fact, of a white couple. they weren't expecting anybody but it's nelson mandela out of prison stopping because he was overwhelmed. but it gives you a sense. it's human nature to be angry

and bitter after 27 years in jail, breaking rocks. here comes nelson mandela. this makes him so astonishing as a human being, as a man is he didn't have it in him. when he was sentenced to jail in 1964 to life plus five years he stands up and says, yes, i'm for using violence the to over throw the government. i'm not standing here for black domination or white domination. i am for racial harmony. imagine that. >> imagine that. juan, thank you very much. >> you're welcome, megyn. we'll have more on the death of nelson mandela when charles krauthammer joins us shortly. another big breaking story is a push from the president to save his health care law. in the middle of the troubled rollout and plunging poll numbers here is an interview tonight that read like an effort to win back support from

liberals and young people. >> i understand why people would have been resistant to going on a website that wasn't working right. fortunately because of some very hard work, we now have it to the point where for the vast majority of people it's working well. my message to young people is look for yourself. >> even as the president spoke, a new poll and our cameras are finding a growing number of young people unhappy with the president and even more unhappy with obama care. our fox news chief white house correspondent ed henry is live on the north lawn. ed? >> good to see you. for the second straight day the president is dealing basically with what's become a rebellion from the base. yesterday he spoke to a liberal group about income inequality and attended a youth summit to fire up students. today, as you mentioned an msnbc interview at american university with till disillusioned students. we caught up with the disappointed students.

even as they defended them they said they know nothing about the law. listen. >> promise to bring the cost of health care law. unemployment is an issue in our generation. when i graduate from college i want a job open in the marketplace for me. >> i try to keep up with the news. i couldn't tell you what the affordable care act does. >> these are the young, healthy people they need to sign up to make the the math for the law work. some of them on the campus of american university where the president was today is saying i follow the news and i don't know what this law does, three years later. this is why white house officials say the president is out there making a more aggressive case. they are optimistic that the website is getting better and young healthy people will sign up but so far not so much. meg megyn. >> the numbers aren't good. joining us with more, host of power play on fox news.com live. i even read that long intro

despite this voice. >> you should be on honeyed tea, not plugging internet television. >> just so the viewers know, honeyed tea, something without medicine in it. something with honey in it. rikola. that's all i've got. >> you're going to be a bumblebee. >> let's talk about the polls. i get it. some of the polls from harvard university. do you disapprove or approve of his job performance? 54% disapprove. do you approve of obama care? 57% disapprove. are you likely to enroll in obama care? 45% unlikely. 22% likely. is that what this is about, chris? >> it is. one of my favorites in that harvard university and student politics poll is where 47% say they would recall the president from office if they could. they would take him out of his job today if they could.

by the time we got to the obama care crash, we had six months of the worst beginning of a presidential second term since richard nixon. it was bad. this presidency was off on the wrong track. it was off on the wrong track on the nsa which was a massive breach of trust. this much spying was a massive breach of trust with the voters. young voters care about those issues. they live online, on the internet, on their devices. the president was snooping. he deceived them about that. that breach of trust might have been forgiven because it was related to national security. when that's compounded and amplified by a deception about people's health insurance and then, ironically for the internet president, the guy who was so good at spying on the internet now can't even build a website. it was too much and the bottom

dropped out. >> on top of the fact the employment rate for the millennials is really dreadful. it hasn't been going in the right direction. this week he's done outreaches to the group. is this about getting them to enroll in obama care. >> no. >> or getting them to vote democrat. >> it almost doesn't matter who enrolls in obama care. the president made it clear this law, with grim determination, would be dragged forward into existence. they have laid the ground work for bailing out the insurance industry. they have done things to say whatever the case this law is going into place . that was about keeping the 30% of his base together he needs for this not to turn into a crisis. >> i wonder if this is how demi moore feels? like every word is an effort to get out. >> i hope you feel better, counselor. >> thanks, chris. >> you bet. >> i'm curious. is it irritating or saucy? has it crossed over to disgusting yet?

let me know. follow me on twitter @megyn kelly. coming up, president obama made interesting remarks about why he wants to see a return to one party rule. charles krauthammer reacts. did the obama white house quietly pass a rule giving unions a huge tax break under obama care? that investigation is next. later, a bus full of kids so out of control the driver had to call the cops. wait until you hear who wound up in trouble. >> [ bleep ] focus on what you're doing. what if you hit somebody? you think it's [ bleep ] funny, look at me like a man. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve

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from the world headquarters of fox news, it's "the kelly file" with megyn kelly. well, for several weeks now we have seen reports about unions complaining over a new obama care tax that is reportedly pricey. we are trying to learn if this administration has quietly passed a rule giving unions a very big break on that tax. trace gallagher has the story. >> reporter: the tax is called a reinsurance fee. it's on nearly every health plan for the first three years, meant to raise about $25 billion over the three years to help pay for people with pre-existing conditions. if the change is approved nobody would be exempt next year.

in 2015 and 2016 groups that act as their own insurance companies and their own claims processors would be exempt to unions that self-insure would greatly benefit. republican senator orin hatch says it certainly looks like the obama administration is looking at a special deal for unions which is deeply concerning given the problems that all americans are facing due to obama care. now the unions argue this is not aimed at them. it's not nearly enough. the laborers union says, again quoting, as the new regulations offer no substantive relief for our health care plan the laborers union will continue to look for opportunities to fix this egregious tax on our members and their families. remember, the unions fought to help the president get elected and fought to pass the affordable care act. when the president extended employers from joining obama care until 2015, the unions felt left at the altar. the unions demanded tax breaks

and subsidies, arguing that health care would result in union workers losing both hours and jobs. remember this? listen. >> we'll be damned if we are going to lose health insurance because of unintended consequences in the law. it needs to be changed. it needs to be fixed. it needs to be fixed now, brothers and sisters. >> the administration said no to the subsidies and now very quietly, megyn, they are pushing the new fee reducing tax and it could give them a pass and pass the costs on to somebody else. megyn? >> all right, thank you. joining me with more senator rob johnson from wisconsin. he cosponsored the union fairness act which would prevent the administration from doing this. we talked about this before. they might do it. now it appears they are doing it. can it be stopped?

>> we are hoping so. last time i was here, this is senator thune's bill and i'm a cosponsor. last time they were just hinting about doing this. they have just proposed the rule. 255 pages long. this particular section starts at page 70. this is the time for americans to make a comment to the centers for medicaid and medicare services. hopefully we can make sure the rule doesn't get issued. >> the problem with this is not only does it give the unions a big kiss basically in the form the of dollars. the rest of the people who are supposed to pay the tax is meant to cover the pre-existing condition coverage. the bill will go up and hhs was asked about it. they said it's true the fee will be higher for the other plans that still have to pay the fee. is that fair? can they get away with it?

the average person isn't going to call and object to the rule. >> it's not fair at all. that's what's going to happen. everyone will be doing more in terms of their reinsurance fee. this is a political payback, trying to rally his base which he's losing. it's simple cronyism. he's rewarding his cronies. i think senator thune had a good title for the bill. union tax fairness act. we need to insist this president treats it is unions fairly. actually treats all americans fairly in comparison to the union. >> is this another example of the law being set up to work one way and then the president under pressure from his base by executive fiat just saying, basically a line item ve the to saying i will change it. >> this is something they had to issue rules on. they will hide behind that

process. this isn't the first time he's granted special treatment to the unions. they granted 1700 waivers and half the people affected by those were union oh members. oddly enough. this will continue. you have the cadillac fee that will be coming in the future. i'm sure the unions will rail against it and try to get an exemptions from that as well. we have to be very watchful. that's what we are trying to do now is raise the profile. appreciate the fact that you are raising the profile so we can make sure the ruling doesn't become permanent. >> people need to know what's going on. they need to pay attention. senator, good to see you. thank you. >> have a good night. i hope your voice heals. >> thank you very much. getting recommendations from the viewers which i appreciate although i don't think i can take prednisone during the break. does anyone have that? i'll get back to you.

thanks, john. also tonight what's behind a new push from the democrats to defend the president on his promise about if you like your plan you can keep it. we'll show you how harry reid is now trying to explain this away. and now my journey across the country has brought me to the lovely city of boston. cheers. and seeing as it's such a historic city, i'm sure they'll appreciate that geico's been saving people money for over 75 years. oh... dear,

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new reaction to senate majority leader harry reid attempting to explain away president obama's broken promise that you can keep your health care plan if you like it. even as almost 6 million americans now have seen their insurance cancelled under obama care. still, senator reid says the president was telling the truth. >> that was so damaging a lot of people said for the president to go out and say you will be able

to keep your coverage if you like it. thousands of people found out that was not possible. >> but, but i still go back and say what i said earlier. what he said was true. >> okay. >> if you want the to keep the insurance you have, you can keep it. >> former democratic congressman and ceo of the american congress action fund. i know you voted for the law. to a lot of viewers that sounds like crazy talk. >> voting for the law or what senator reid said? >> what senator reid said. >> the statement has been proven not to be true. the president apologized for it. i think what the american people want to know is what are the options going forward? >> let me stop you here. i think we agree. so why is senator reid saying the opposite? why is he saying that? what he said is not true. >> i don't speak for senator reid.

i don't know the full context of the interview. but we know the vast majority of people who are going to be able to keep their plans, that insurance companies cancel plans every year. in many cases this is because we are preventing insurance companies to stick it to people in unfair ways like kicking them off insurance. >> are you disputing that the reason most of the plans have been cancelled is because of obama care? >> the reason is insurance companies like to play tricks on people over the years. we are limiting the number of tricks they can play. one of the ways they are now dealing with that is to try to move people off the plans. >> no, no. >> we are not going to pay for preventative care. >> here's what karen ignomi -- and i continue to mess up her name -- she's with the insurance group that worked with the white house on obama care. here is what she said about the cancelled plans. >> the only reason plans are

sending notes to consumers about losing coverage is because of the requirements of the new legislation. >> seems clear. >> the insurance companies are are there to maximize their own profits, not protect consume rs and patients. that's been both part of the system and part of the problem. we continue to say there will be a competition of private insurance companies but we'll set forward certain rule that is people who work hard and pay bills don't get kicked off insurance when they are sick. that's something people agree on. >> you are getting back to the plans were no good, right? >> in some cases they were junk plans, true. and they were plans that were rotating over. >> in a lot of cases they were great plans that people liked, right? >> and in many cases they are offered new plans while the old plans are being cancelled, a breach of the promise that was made. they are getting offered new

plans and subsidies as well. >> you understand there are millions of americans who didn't understand their insurance policy was at risk who were told it was not at risk who liked their plans, who have seen their plans cancelled who now have to go on health care.gov whiches has been a disaster and is only now working well according to the president for the majority of oh people. when they get on there, up to 30% of people who think they have enrolled are about to find out in january that, in fact, the system was messed up and they didn't enroll. can you understand their frustration? especially when harry reid says it was trul tru all along. >> frustrating for those who were supportive of the bill as well. americans never thought they lived without threat of losing health care. part of the problem has been a system where people are one pink slip away from losing health care. people have been insecure about

that. there is going to be an exchange. there is an exchange where you can buy affordable health care where private sector companies have to compete for your business. that's why you are seeing tens of thousands of people sign up. we had a system that threatened families with tremendous insecurity. you can buy at the same rates as the big guys even if you are a small business, self-employed. that's why you are seeing people go. >> the reason people may have been thinking they cocould have kept the plans may have to do with the repeated assurances from president obama. it may have been connecteded. now harry reid, his newfound assurances may be confusing them further. it's good to see you. thank you for coming on. >> thank you very much. good luck with your health. >> thank you very much. i liked my plan. i didn't get to keep it. i desperately need it. i hope i can keep my doctor. next what the president said about who should be held accountable for the rocky health

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brandishing the south african flag. some were outside of his house, and in their pajamas they have flowers and candles people, hundreds of them of all colors and ages singing the name nelson mandela. >> thank you. >> and more now on our breaking news, president obama attempts to resell his key health carry law saying what you need for washington to work is basically rules in washington. >> yes, i've got a strong chief of staff. i'm holding every cabinet member accountable the challenge is not so much my

personal management style, or particularly issues with the white house organization, it has to do with what i refer to earlier, which is we have the big agencies, some of which are outdated, some of which are not designed proper flichlt our history. usually when we've made big progress it's been party controlled the government for a period of time. big strides we made in the new deal with the great society, you know those were times when you had a big majority. >> joining me now with reaction is charles krauthammer. your thoughts because you heard the president talk about how i am holding every cabinet member accountable, then, comments about making progress and issues it's been when one party had a big majority.

>> as far as claim is benghazi, nobody has been held accountable. surely not the secretary of state the only person who has been demoted is number two ambassador in tripoli who was rather heroic on that night he got sent to a desk job because he spoke out about it. as for the botched roll out nobody has been held accountable in hhs. then, the attorney general. was he held accountable when he deceived the american people over the east cropping on the associated press reporter? the answer is no. he is right. there is one difference in the new deal in great society though fdr and lbj had great majorities they took care to make sure the big pieces of legislation had

some support in fact large support, from the opposition social security did. medicare about. medicaid did. civil rights did. obama in an act of what i would call constitutional indecency because it's legal to do it but isn't traditional in any way, he passed obamacare wout a single member supporting him in either house from the other side. against public opinion and after we've had an off year election in massachusetts where the candidate for republicans ran on a platform of opposing obamacare they shoved it down the throw of the american people, through congress on a maneuver called reconciliation. that is the reason he's out there alone in the wind as this whole thing, obamacare collapses around him. did he not do what fdr and lbj did. they understood these math tiz are temporary. obama seized

on temporary majority, american people rejected and now, he's reaping whirl wind perfect that. >> he seems to be confused or indignant republicans aren't rushing in to try to salvage the law as opposed to sitting back and criticizing it. they don't like the law. but, charles, do they have an obligation to do problem solving with the reality that we have a democratic president in the white house for at least another couple years? >> not if you believe as republicans do and i as do, that the law is in and of itself a disaster. that the architecture on the law, the complexity of the law, intrusiveness of the law, contradiction of the law is such that it cannot work. it's going to hurt american medicine, the finest in the world

that you have to start over. if it was repairable, boy say let's repair it. it is not. have you to start over. you have to address the issue of preexisting conditions you don't call remaking one sixth of the economy on the grounds of 20,000 pages of regulations goring to remake as complex as american medicine. so that is a wrong approach from the start. i think it's a principled position owe to say it won't work but let's do something else. >> charles krauthammer great to see you. >> pleasure, thank you. >> up next, g.o.p. campaigns or g.o.p. campaigns lessons on how to talk to women. is that necessary? plus, a busful of kids so out of control they had to call the

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>> unfortunately, sometimes, one night stands happen. all i can say is that he did nothing is improper. nothing that was unconventional. >> joining me now is a democratic strattist and a fox news legal analyst. and is he flippant there? >> he got away unscatheed. >> why aren't they bringing charges against this guy? some people say because he's a big star? >> my experience is that it's just the opposite. they go after harder because they're under more scrutiny. to go after these

guys in a way they won't against one of the stars i represent would have never been arrested if he wasn't a star. a star athlete. so, these guys are under a ton of scrutiny. dna came back, there were two people involveed and a year long investigation they said we investigated this. we cannot prove this case. >> the problem is that she was intoxicated. she, they found dna of two men, her memory is very fuzzy with bt night in question. so let me ask you. i don't know whether she's a victim or not a victim. it's something young women need to be concerned about. before they go out and get so intoxicated their mem very then fuzzy about what happened. >> think there are a couple, i don't know whether this guy is guilty but i take broad questions are worth having a discussion about after moving from this situation, one is sort of the atmosphere created on

college campuses. be it hook up culture or excessive drinking. issue for me is that it's 11 months before anyone said anything. sureliy the people in charge there knew about this. think there is a broader question that needs to be asked about the culture within these big football schools if they're giving players special treatment. maybe he's innocent. but it's a social world and goss wrip gets out quickly. had you no one knew about this for a year. i find it odd. >> the prosecution said they did not believe this would be, he would be found guilty so they had an obligation not to bring the charges. let's move on. georgia a woman driving a school bus, kids are unruly. she calls the cops now officers have been suspended. watch. >> you think it's funny?

look at me like a man. do you want to grow up sxb a man? she expects more out of 12, 13, 14 years old you want to act crazy, do it at home. >> that is a cop yelling at kids. he's in trouble. >> he shouldn't drop f-bomb around little kids kids are out of control. it's to the point the bus driver can't perform her job these kids deserve to get a talking tochlt fine, the cop got penalized for cursing but those kids -- >> he said the s word. you ought to guest who said it on the show one time. me. me. >> yes. >> i would never use harsh language in front of you, are you kidding me? the cops were grab us by the backs of our shirt, kick you in

the butt and curse you and say yet get out of here and you were happy. >> people from the bronx never worried about cops putting handcuffs on us. these kids are out of control the bus driver had to call the cops they need to get punished. >> they didn't. the cop got a suspension the kids, nothing. >> there is a way to be stern without stepping over the line. i don't think you talk to children that way. it detracts from the situation at hand but still. >> you don't think they've heard these words? >> they're probably using those words themselves >> but a police officer supposed to be a better person. >> you're right. >> especial lay police officer. >> that message is that only the cop got in trouble. not the kids. >> terrible message. the parents should do it. it's the right thing for the kids >> do you what happened? they resumed

they did it again. like they didn't learn anything. >> the wussification of america. there is no fear. >> that is right. the problem is that these parents are coddling their kids. they go to school, teachers are frayed to discipline. >> they can't. >> i don't mean corporal punishment. kids walk around with this because mom and dad are making sure little billy gets into the right college. it's horrible. >> my mother, i used to have a friend i lfed she didn't speak to her mother that respect flichlt my mother saying to her you may speak to your mother that way in her house but you will not speak to her in mine. she was on the hook. we're both

like -- i never spoke to my mom like that. never, ever. >> you never got hit with

a new push to give the medal of honor to a marine witnesses say fell on a grenade trying to save lives and lost his own in the process. the pentagon says no. but why? >> he's fighting for the sergeant. good to see you. here's the biggest thing. apparently he said no and it was reviewed. another no came down the pike. we don't know if chuck hagel is reviewing this. the medical examiner reviewed an autopsy that conclude thad the sergeant was probably dead and almost certainly blinded before he jumped on the grenade. they say that's why they are not sure if he should get it.

they think he may not have knowingly jumped on the grenade. what do you say? >> secretary gates under president obama, not a single living person was given the medal of honor from the start of the iraq war and the afghanistan conflict until the end of president bush's term. there have only been living medal of honor winners from president obama. that's the con text this is in. it took a great guy that works for me, joe casper, to find video that secretary gates didn't look at to give toyota the navy. the navy approved the medal of honor. the marine corps leadership did. but secretary gates for the first time in american history brought together an oud board to cast doubt on the medal of honor process in this case. it had been approved up to him. he convened the board for the first time ever and tried to cast doubt on this. here is the problem with that.

people do extraordinary things in combat. you can't sit here in the united states safe and sound in the pentagon and say that young marine didn't do what he did. there were seven marines who are arrive now because he did that. >> it's marine eyewitnesses. we are short of time tonight because of nelson mandela. we'll continue to follow t

lotses of great suggestion from the viewers on how to cure this voice from saltwater to hot toddy s t favorite, just stop talking. see you tomorrow, i hope. [ applause ] a surprisingly large number of young people are signing up. >> the president may want to rethink that comment. new polls show the millennials are turning on their faithful leader. >> will you sign up for obama care? >> i don't know. >> i'm not planning on it. >> not something i'm doing at this time. >> fast food workers protest the federal minimum wage. how much do you want to pay for a cheeseburger? >> i look at obama as a perfect american. i felt this tingle up my leg. >> the president obama lovefest. "hannity" starts here, right now.